On April 07, 2021 a
Exhibit,Appendix
was filed
involving a dispute between
First National Bank Of America,
and
John Does,
Strider Smith,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Chautauqua County.
Preview
FILED: CHAUTAUQUA COUNTY CLERK 04/07/2021 02:06 PM INDEX NO. EK12021000516
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/07/2021
..
Help for Homeowners in Foreclosure
New York State Law requires that we send you this notice about the foreclosure
process. Please read it carefully.
Summons and Complaint
You are in danger of losing your home. If you fail to respond to the summons and
complaint in this foreclosure action, you may lose your home. Please read the
summons and complaint carefully. You should immediately contact an attorney or
your local legal aid office to obtain advice on how to protect yourself.
Sources of Information and Assistance
The State encourages you to become informed about your options in foreclosure.
In addition to seeking assistance from an attorney or legal aid office, there are
government agencies and non-profit organizations that you contact for
may
information about possible options, including trying to work with your lender
this process.
during
To locate an near you, you may call the toll-free helpline maintained by the
entity
New York State Department of Financial Services at (800) 342-3736 or visit the
Department's website at www.dfs.ay.gov.
RIGHTS AND OBLIGATIONS
YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. YOU
HAVE THE RIGHT TO STAY IN YOUR HOME DURINO THE
FORECLOSURE PROCESS. YOU ARE NOT REQUIRED TO LEAVE YOUR
HOME UNLESS AND UNTIL YOUR PROPERTY IS SOLD AT AUCTION
PURSUANT TO A JUDGMENT OF FORECLOSURE AND SALE.
REGARDLESS OF WHETHER YOU CHOOSE TO REMAIN IN YOUR HOME,
YOU ARE REQUIRED TO TAKE CARE OF YOUR PROPERTY AND PAY
PROPERTY TAXES IN ACCORDANCE WITH STATE AND LOCAL LAW.
FILED: CHAUTAUQUA COUNTY CLERK 04/07/2021 02:06 PM INDEX NO. EK12021000516
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/07/2021
Foreclosure Rescue Scants
''save"
Be careful of people who apptcãch you with offers to your home. There are
individuals who watch for notices of foreclosure actions in order to unfairly profit
from a homeowner's distress. You should be extremey carefat about any such
promises and any suggestions that you pay them a fee or sign over your deed. State
law requires anyone offering such services for profit to enter into a contract which
fully describes the services they will perform and fees they will charge,. and which
prohibits them from taking any money from you until they have completed all such
promised services.
FILED: CHAUTAUQUA COUNTY CLERK 04/07/2021 02:06 PM INDEX NO. EK12021000516
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/07/2021
NOTICE TO TENANTS OF BUILDINGS IN FORECLOSURE
New York State Law requires that we provide you this
notice about the foreclosure process
WE, First National Bank of America THE FOCLOSING PARTY AND ARE LOCATED AT
C/O FIRST NATIONAL BANK OF AMERICA, 241 EAST SAGINAW, EAST LANSING, MI
48826. WE CAN BE REACHED AT (800) 642-4578
The where your apartment is located is the. subject of a foreclosure
dwelling
proceeding. If you have a lease, are not the owner of the residence, and the
lease requires payment of rent that at the time it was entered into was not
substantially less than the fair market rent for the property, you may be entitled
to remain in occupancy for the remainder of your lease term. If you do not have
a lease, you will be entitled to remain in your home until ninety days after any
person or entity who acquires title to the property provides you with a notice as
required by section 1305 of the Real Property Actions and Proceediñÿs Law.
The notice shall provide information regarding the name and address of the new
owner and your rights to remain in your home. These rights are in addition to any
others you may have if you are a subsidized tenant under federal, state or local
law or if you are a tenant subject to rent control, rent stabilization or a federal
statutory scheme.
ALL RENT-STABILIZED TENANTS AND. RENT-CONTROLLED TENANTS ARE
PROTECTED UNDER THE RENT REGUtATIONS WITH RESPECT TO EVICTION AND
LFASF RFNFWAl S. THFSF RIGHTS ARF UNAFFECTFD BY A BUll.DING ENTERING
FORECLOSURE STATUS. THE TFNANTS IN RENT-STABil.IZFD AND RENT-
CONTROLLED BUILDINGS CONTINUE TO BE AFFORDED THE SAME LEVEL OF
PROTECTION EVEN THOUGH THE BUll DING 18 THE SUBJECT OF FORECLOSURE.
FVICTIONS CAN ONI.Y OCCUR IN NEW YORK STATF PURSUANT TO A...COURT
ORDER AND AFTER A FULL HEARING IN COURT.
if you need further information, please call the New York State Department of
Services'
Financial toll-free helpliñe at 1-800-269-0990 or visit the Department's
website at http://www.dfs.ny.gov.
1 of 137
Document Filed Date
April 07, 2021
Case Filing Date
April 07, 2021
Category
Real Property - Mortgage Foreclosure - Residential
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: CHAUTAUQUA COUNTY CLERK 04/07/2021 02:06 PM INDEX NO. EK12021000516 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/07/2021 .. Help for Homeowners in Foreclosure New York State Law requires that we send you this notice about the foreclosure process. Please read it carefully. Summons and Complaint You are in danger of losing your home. If you fail to respond to the summons and complaint in this foreclosure action, you may lose your home. Please read the summons and complaint carefully. You should immediately contact an attorney or your local legal aid office to obtain advice on how to protect yourself. Sources of Information and Assistance The State encourages you to become informed about your options in foreclosure. In addition to seeking assistance from an attorney or legal aid office, there are government agencies and non-profit organizations that you contact for may information about possible options, including trying to work with your lender this process. during To locate an near you, you may call the toll-free helpline maintained by the entity New York State Department of Financial Services at (800) 342-3736 or visit the Department's website at www.dfs.ay.gov. RIGHTS AND OBLIGATIONS YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. YOU HAVE THE RIGHT TO STAY IN YOUR HOME DURINO THE FORECLOSURE PROCESS. YOU ARE NOT REQUIRED TO LEAVE YOUR HOME UNLESS AND UNTIL YOUR PROPERTY IS SOLD AT AUCTION PURSUANT TO A JUDGMENT OF FORECLOSURE AND SALE. REGARDLESS OF WHETHER YOU CHOOSE TO REMAIN IN YOUR HOME, YOU ARE REQUIRED TO TAKE CARE OF YOUR PROPERTY AND PAY PROPERTY TAXES IN ACCORDANCE WITH STATE AND LOCAL LAW. FILED: CHAUTAUQUA COUNTY CLERK 04/07/2021 02:06 PM INDEX NO. EK12021000516 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/07/2021 Foreclosure Rescue Scants ''save" Be careful of people who apptcãch you with offers to your home. There are individuals who watch for notices of foreclosure actions in order to unfairly profit from a homeowner's distress. You should be extremey carefat about any such promises and any suggestions that you pay them a fee or sign over your deed. State law requires anyone offering such services for profit to enter into a contract which fully describes the services they will perform and fees they will charge,. and which prohibits them from taking any money from you until they have completed all such promised services. FILED: CHAUTAUQUA COUNTY CLERK 04/07/2021 02:06 PM INDEX NO. EK12021000516 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/07/2021 NOTICE TO TENANTS OF BUILDINGS IN FORECLOSURE New York State Law requires that we provide you this notice about the foreclosure process WE, First National Bank of America THE FOCLOSING PARTY AND ARE LOCATED AT C/O FIRST NATIONAL BANK OF AMERICA, 241 EAST SAGINAW, EAST LANSING, MI 48826. WE CAN BE REACHED AT (800) 642-4578 The where your apartment is located is the. subject of a foreclosure dwelling proceeding. If you have a lease, are not the owner of the residence, and the lease requires payment of rent that at the time it was entered into was not substantially less than the fair market rent for the property, you may be entitled to remain in occupancy for the remainder of your lease term. If you do not have a lease, you will be entitled to remain in your home until ninety days after any person or entity who acquires title to the property provides you with a notice as required by section 1305 of the Real Property Actions and Proceediñÿs Law. The notice shall provide information regarding the name and address of the new owner and your rights to remain in your home. These rights are in addition to any others you may have if you are a subsidized tenant under federal, state or local law or if you are a tenant subject to rent control, rent stabilization or a federal statutory scheme. ALL RENT-STABILIZED TENANTS AND. RENT-CONTROLLED TENANTS ARE PROTECTED UNDER THE RENT REGUtATIONS WITH RESPECT TO EVICTION AND LFASF RFNFWAl S. THFSF RIGHTS ARF UNAFFECTFD BY A BUll.DING ENTERING FORECLOSURE STATUS. THE TFNANTS IN RENT-STABil.IZFD AND RENT- CONTROLLED BUILDINGS CONTINUE TO BE AFFORDED THE SAME LEVEL OF PROTECTION EVEN THOUGH THE BUll DING 18 THE SUBJECT OF FORECLOSURE. FVICTIONS CAN ONI.Y OCCUR IN NEW YORK STATF PURSUANT TO A...COURT ORDER AND AFTER A FULL HEARING IN COURT. if you need further information, please call the New York State Department of Services' Financial toll-free helpliñe at 1-800-269-0990 or visit the Department's website at http://www.dfs.ny.gov. 1 of 137